HR1675: HR1675 House Study Committee on Community Associations; create

26 LC 62 0476 House Resolution 1675 By: Representatives Lewis-Ward of the 115th, Hugley of the 141st, Greene of the 154th, Camp of the 135th, Washburn of the 144th, and others A RESOLUTION Creating the House Study Committee on Community Associations; and for other purposes.1 WHEREAS, many residents of Georgia live in properties governed by a condominium2 association, a property owners' association, or other community association that is neither3 a condominium association nor a property owners' association fo rmed for the purpose of4 exercising the powers of a condominium association or property owners' association; and5 WHEREAS, such community associations have the power to impose r estrictions on an6 owner's private property; and7 WHEREAS, if a property owner violates a property restriction im posed by a community8 association, such community association has the power to levy fees and impose penalties on9 the property owner until the property owner brings his or her property into compliance; and10 WHEREAS, many community associations abuse their powers by arbi trarily enforcing11 restrictions and levying fees and imposing penalties for violations, not notifying property12 owners of such fees and penalties, and using fees and penalties as a retaliatory mechanism13 against property owners; and14 H. R. 1675 - 1 - 26 LC 62 0476 WHEREAS, as a result of such fees and penalties, a property own er may lose his or her15 home; and16 WHEREAS, community associations have come under increasing scrutiny in recent years17 for such arbitrary and abusive practices.18 NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES:19 (1) Creation of House study committee. There is created the House Study Committee 20 on Community Associations.21 (2) Members and officers. The committee shall comprise of seven members of the22 House of Representatives to be appointed by the Speaker of the House of23 Representatives. The Speaker shall designate a member of the committee as chairperson24 of the committee.25 (3) Powers and duties. The committee shall undertake a study of the conditions, needs,26 issues, and problems mentioned above or related thereto and recommend any action or27 legislation which the committee deems necessary or appropriate.28 (4) Meetings. The chairperson shall call all meetings of the committee. The committee29 may conduct such meetings at such places and at such times as it may deem necessary or30 convenient to enable it to exercise fully and effectively its powers, perform its duties, and31 accomplish the objectives and purposes of this resolution. 32 (5) Allowances and funding. The legislative members of the committee shall receive33 the allowances provided for in Code Section 28-1-8 of the Offic ial Code of Georgia34 Annotated. The allowances authorized by this resolution shall not be received by any35 member of the committee for more than five days unless additional days are authorized. 36 Funds necessary to carry out the provisions of this resolution shall come from funds37 appropriated to the House of Representatives.38 H. R. 1675 - 2 - 26 LC 62 0476 (6) Report.39 (A) In the event the committee adopts any specific findings or recommendations that40 include suggestions for proposed legislation, the chairperson shall file a report of the41 same prior to the date of abolishment specified in this resolut ion, subject to42 subparagraph (C) of this paragraph.43 (B) In the event the committee adopts a report that does not i nclude suggestions for44 proposed legislation, the chairperson shall file the report subject to subparagraph (C)45 of this paragraph.46 (C) No report shall be filed unless the same has been approved prior to the date of47 abolishment specified in this resolution by majority vote of a quorum of the committee.48 A report so approved shall be signed by the chairperson of the committee and filed with49 the Clerk of the House of Representatives.50 (D) In the absence of an approved report, the chairperson may file with the Clerk of the51 House of Representatives a copy of the minutes of the meetings of the committee in lieu52 thereof.53 (7) Abolishment. The committee shall stand abolished on December 1, 2026.54 H. R. 1675 - 3 -